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Madras High CourtCRL OP(MD)/927/2023dismissed

Mathankumar v. The Inspector Of Police

2023-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.927 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.927 of 2023 Mathankumar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Karur Town Police Station, Karur.

Crime No.489 of 2022.

... Respondent/Complainant For Petitioner : Mr.J.Senthil Kumaraiah Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.489 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 09.07.2022 in Crime No.489 of 2022 for the alleged offences punishable under Sections 8(c) 22(c), 25 and 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985, seeks bail.

2. The case of the prosecution is that on 09.07.2022 at about 08.30 a.m., by following secret information given by the Police informant, the respondent Police came to Karur Vanjiamman Kovil near Amaravathi river bed and arrested the petitioner and A.2 and seized the contraband from them. Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.927 of 2023 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent, and did not commit any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that commercial quantity of contraband is involved in this case, and he strongly objected to grant bail to the petitioner and if he is released on bail, he will abscond and will commit similar kind of offences and tamper the witnesses.

5. Heard the learned counsel appearing on either side and perused the materials available on record, including the First Information Report.

6. Considering the above facts and circumstances of the case and also considering the fact that the commercial quantity of contraband has been involved in this case and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ps TO 1.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.927 of 2023 Date :08/03/2023 RK/BUC/SAR-4(20/03/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2